Class Action and Consumer Defense

Miller Johnson has extensive background in consumer law defense, advises clients on consumer law compliance and has successfully defended consumer cases and class actions against medical care providers, financial institutions, debt collectors, debt buyers and other industries in both Federal and State courts.

FDCPA Expertise
Miller Johnson has substantial experience in consumer law and financial services litigation and advises clients on regulation compliance including:

  • FDCPA (Fair Debt Collection Practice Act)
  • TCPA (Telephone Consumer Protection Act)
  • MCPA (Michigan Consumer Protection Act)
  • FCRA (Fair Credit Reporting Act)

Class Action Experience
Our firm has been lead counsel in the successful defense of several consumer class actions:

  • Miller Johnson represented a large health care provider in an FDCPA class action dealing with alleged flat-rating by a collection agency vendor. Our attorneys successfully fought class certification.
  • Miller Johnson represented five separate health care providers in companion FDCPA class actions alleging false name use and consumer confusion. Our attorneys successfully defended the claims and obtained dismissals of each case early in the proceedings.
  • Miller Johnson represented a nationwide residential landlord in a consumer class action alleging claims under the MCPA and FCRA. Our attorneys successfully fought class certification, obtained the dismissal of the FCRA claims.
  • Miller Johnson represented a large retailer in class action litigation dealing with generic drug pricing. The claim resulted in summary judgment in favor of the retailer and was dismissed before the purported class was certified.
  • Miller Johnson successfully defended an automotive manufacturer and several related entities in two retiree health insurance class action claims.
  • Miller Johnson represented a mass media company in class action litigation filed following a natural disaster. Our attorneys successfully fought class certification with the trial court, prevailed in the court of appeals on a motion for leave for interlocutory appeal, and also prevailed in the Michigan Supreme Court.
  • Miller Johnson represented a manufacturer of color measurement and management solutions in four shareholder class action litigation cases filed in the USDC for the Western District of Michigan. All of the cases resolved before the purported class was certified.
  • Miller Johnson represented a provider of property management solutions for the hospitality industry in class action litigation pertaining to reservation software in the USDC for the Western District. Miller Johnson obtained summary judgment and dismissal of the action before the purported class was certified.
  • Miller Johnson represented the outside directors of a manufacturer of household furniture in a series of class action shareholder derivative filings litigated in the USDC for the Western District of Michigan.
  • Miller Johnson represented a municipality in a lawsuit claiming violations of Michigan’s disability act and the case was dismissed after a successful defeat of class certification.

The firm is a member of ACA International, an international trade organization of credit and collection companies, and NACM, the National Association of Credit Management.